RIGHTON JUMBO MORTGAGE GUIDELINES

RIGHTON - JUMBO MORTGAGE GUIDELINES

Guidelines are for use by mortgage professionals only and subject to change without notice.

LHFS-RIGHTON JUMBO 8/5/2021 - 2 -

RIGHTON – JUMBO MORTGAGE GUIDELINES

TABLE OF CONTENTS

TABLE OF CONTENTS .............................................................................................................................2

FAIR LENDING STATEMENT.................................................................................................................5

UNDERWRITING PHILOSOPHY............................................................................................................5

PRODUCTS ................................................................................................................................................6

PRODUCTS OFFERED ..........................................................................................................................6

PRODUCT CODES & MATRIX ............................................................................................................6

BORROWER ELIGIBILITY ........................................................................................................................7

ELIGIBLE BORROWERS .......................................................................................................................7

RESIDENT AND IMMIGRATION STATUS........................................................................................7

PERMANENT RESIDENT, LAWFUL PERMANENT RESIDENT OR GREEN CARD HOLDER ..7

NON-PERMANENT RESIDENTS ........................................................................................................8

PERMANENT RESIDENT ALIENS WITH EVIDENCE OF LAWFUL RESIDENCY.......................8

NON-PERMANENT RESIDENT ALIENS MUST MEET THE FOLLOWING REQUIREMENTS ..9

NON-OCCUPANT CO-BORROWERS ARE ALLOWED WITH THE FOLLOWING

RESTRICTIONS......................................................................................................................................9

INTER VIVOS REVOCABLE TRUST ...................................................................................................9

FIRST-TIME HOMEBUYER ................................................................................................................11

INELIGIBLE BORROWERS ................................................................................................................11

MULTIPLE FINANCED PROPERTIES ..............................................................................................11

OCCUPANCY ..........................................................................................................................................12

PRIMARY RESIDENCE .......................................................................................................................12

SECOND HOME ..................................................................................................................................12

INVESTMENT PROPERTY (NON-OWNER OCCUPIED) ...............................................................12

ELIGIBLE TRANSACTION TYPES ....................................................................................................12

PURCHASES ........................................................................................................................................12

REFINANCE TRANSACTIONS .........................................................................................................13

RATE AND TERM REFINANCE........................................................................................................13

DELAYED PURCHASE REFINANCING ..........................................................................................13

LIMITED CASH-OUT REFINANCE ..................................................................................................14

CASH-OUT REFINANCE ...................................................................................................................15

CONSTRUCTION COSTS ...................................................................................................................17

CONSTRUCTION TO PERMANENT FINANCING ........................................................................18

CONTINUITY OF OBLIGATION .......................................................................................................18



SECONDARY FINANCING ...............................................................................................................19

TEXAS 50 (A) (6) REFINANCE (TEXAS EQUITY LOANS) .............................................................19

CONSTRUCTION TO PERMANENT FINANCING ........................................................................20

NON-ARM’S LENGTH TRANSACTIONS ........................................................................................20

INELIGIBLE PRODUCTS AND FEATURES .....................................................................................21

NEW YORK SUBPRIME LAW............................................................................................................21

CREDIT DOCUMENTATION REQUIREMENTS.................................................................................22

CREDIT DOCUMENTS AGE ..............................................................................................................22

CREDIT SCORE ...................................................................................................................................22

TRADELINE REQUIREMENTS .........................................................................................................22

DISPUTED TRADELINES ...................................................................................................................23

MORTGAGE HISTORY REQUIREMENTS .......................................................................................23

RENTAL HISTORY REQUIREMENTS ..............................................................................................23

DEROGATORY CREDIT .....................................................................................................................23

CREDIT INQUIRIES ............................................................................................................................24

CREDIT REPORTS-FROZEN BUREAUS ...........................................................................................24

EMPLOYMENT AND INCOME ............................................................................................................25

GENERAL DOCUMENTATION REQUIREMENTS ........................................................................25

TRADITIONAL VERIFIED INCOME / EMPLOYMENT..................................................................27

DECLINING INCOME ........................................................................................................................27

GAPS IN EMPLOYMENT ...................................................................................................................27

UNACCEPTABLE SOURCES OF INCOME ......................................................................................27

EMPLOYMENT DOCUMENTATION REQUIREMENTS ...............................................................28

SALARIED INCOME ...........................................................................................................................28

HOURLY AND PART-TIME INCOME..............................................................................................28

COMMISSION INCOME ....................................................................................................................28

OVERTIME AND BONUS INCOME .................................................................................................28

EXPENSES ............................................................................................................................................28

ALIMONY/CHILD SUPPORT/SEPARATE MAINTENANCE ........................................................29

BORROWERS EMPLOYED BY FAMILY ...........................................................................................29

CAPITAL GAINS .................................................................................................................................29

DISABILITY INCOME – LONG TERM (PRIVATE POLICY OR EMPLOYER-SPONSORED

POLICY) ................................................................................................................................................29

DIVIDENDS AND INTEREST INCOME ...........................................................................................29

FOREIGN INCOME .............................................................................................................................30

K-1 INCOME/LOSS ON SCHEDULE E .............................................................................................30

NON-TAXABLE INCOME (CHILD SUPPORT, MILITARY RATIONS / QUARTERS,

DISABILITY, FOSTER CARE, ETC.)...................................................................................................30

NOTE INCOME ...................................................................................................................................30

PROJECTED INCOME ........................................................................................................................31

RENTAL INCOME ..............................................................................................................................31

RENTAL INCOME - DEPARTING PRIMARY RESIDENCE ...........................................................32



RESTRICTED STOCK AND STOCK OPTIONS ................................................................................32

RETIREMENT INCOME (PENSION, ANNUITY, 401(K), IRA DISTRIBUTIONS) ........................33

SOCIAL SECURITY INCOME ............................................................................................................34

TRUST INCOME ..................................................................................................................................34

SELF-EMPLOYMENT..........................................................................................................................34

SOLE PROPRIETORSHIP....................................................................................................................34

PARTNERSHIP/S-CORPORATION ...................................................................................................35

CORPORATION ..................................................................................................................................35

DEBTS AND LIABILITIES ......................................................................................................................36

DEBT-TO-INCOME RATIO ................................................................................................................36

QUALIFYING RATE AND RATIOS ..................................................................................................36

LIABILITY REQUIREMENTS .............................................................................................................36

CONTINGENT LIABILITIES ..............................................................................................................37

ASSETS AND SOURCE OF FUNDS.......................................................................................................38

RESERVE REQUIREMENTS ...............................................................................................................40

FINANCING / SELLER CONCESSIONS ...........................................................................................40

PROPERTY ...............................................................................................................................................41

ELIGIBLE PROPERTY TYPES .............................................................................................................41

INELIGIBLE PROPERTIES..................................................................................................................44

PROPERTIES LISTED FOR SALE .......................................................................................................45

APPRAISAL REQUIREMENTS ..........................................................................................................45

DISASTER DECLARATIONS AND RECERTIFICATION ...............................................................46

DOCUMENTATION ...............................................................................................................................48

ESCROW HOLDBACKS......................................................................................................................48



FAIR LENDING STATEMENT Federal law prohibits discrimination in connection with the origination of 1-4 family mortgage

loans. The Equal Credit Opportunity Act prohibits creditors from discriminating against credit

applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an

applicant receives income from a public assistance program, or because an applicant has in good

faith exercised any right under the Consumer Credit Protection Act. Also, the Fair Housing Act

prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-

related transactions, based on race, color, national origin, religion, sex, familial status (including

children under the age of 18 living with parents or legal custodians, pregnant women, and people

securing custody of children under the age of 18), and disability. It is the responsibility of all TPO

Partners and LHFS under the RightOn - Jumbo program to ensure that they adhere to these laws

and their underlying principles in connection with mortgage loans under the RightOn - Jumbo

program.

UNDERWRITING PHILOSOPHY All loans must be prudently underwritten utilizing the RightOn - Jumbo program guidelines and

industry standard best practices. All loans must be manually underwritten and fully documented

All loans submitted to LHFS must conform to the Underwriting Guidelines.

For scenarios not specifically addressed in the following Underwriting Guidelines, please contact

your sales representative, transaction manager or underwriting. Where RightOn’s Underwriting

Guidelines do not address an instance regarding the underwriting of a loan, TPO should default to

the current version of Fannie Mae’s selling guide.



PRODUCTS PRODUCTS OFFERED

• Fully Amortizing Fixed Rate 30-year term.

• Fully Amortizing Fixed Rate 15-year term.

• Delayed Financing - Fully Amortizing Fixed Rate 30-year term.

• Delayed Financing - Fully Amortizing Fixed Rate 15-year term.

PRODUCT CODES & MATRIX

LHFS Program Name Program Code LHFS Program Name Program Code

W Jumbo RightOn Fixed 30 WJ30-110 W Jumbo RightOn Delayed Finance Fixed 30 WJDF30-110

W Jumbo RightOn Fixed 15 WJ15-110 W Jumbo RightOn Delayed Finance Fixed 15 WJDF15-110

Purpose Occupancy

Status

No. of

Units

Maximum Loan

Amount

Maximum

LTV/CLTV

Minimum

FICO

Maximum

DTI (%)

Minimum

Reserves (Months)

Max Cash

Out

Pu

rch

ase

& R

ate

Te

rm R

efi

na

nce

Primary

Residence

1 Unit

$1,500,000.00 90/90% 740 43 24

N/A

$1,500,000.00 80/80% 700 43 12

$2,000,000.00 80/80% 700 43 15

$2,500,000.00 75/75% 740 43 24

70/70% 720 43 24

$3,000,000.00 75/75% 780 43 30

70/70% 740 43 30

2 Unit $2,000,000.00 70/70% 720 43 15

Second

Home 1 Unit

$1,000,000.00 80/80% 720 43 12

$1,500,000.00 80/80% 740 43 18

$2,000,000.00 75/75% 720 43 18

Investment

Property

1 Unit

$1,000,000.00 70/70% 720 43 18

$1,500,000.00 70/70% 740 43 24

$2,000,000.00 60/60% 760 43 24

2-4 Units

$1,000,000.00 65/65% 720 43 18

$1,500,000.00 65/65% 740 43 24

$2,000,000.00 60/60% 760 43 24

Ca

sh O

ut

Ref

inan

ce

Primary

Residence 1 Unit

$1,000,000.00 80/80% 720 43 12

$350,000.00 75/75% 700 43 12

$1,500,000.00 80/80% 740 43 15

75/75% 720 43 15

$2,000,000.00 75/75% 760 43 15

$500,000.00 70/70% 740 43 15

$2,500,000.00 65/65% 760 43 24

Second

Home 1 Unit

$1,000,000.00 70/70% 740 43 12

$350,000.00

65/65% 720 43 12

$2,000,000.00 70/70% 760 43 15

65/65% 740 43 15

$2,500,000.00 60/60% 760 43 24



BORROWER ELIGIBILITY ELIGIBLE BORROWERS

RESIDENT AND IMMIGRATION STATUS

Lawful permanent or nonpermanent residents of the U.S. are eligible borrowers under the same

terms-mortgage product, transaction type, occupancy status and LTV ratios-that are available to

U.S. Citizens.

• US Citizens

• Non-US Citizens

o Non-US Citizens who are lawful permanent or non-permanent residents of the

United States, as defined by the INS, are eligible borrowers.

o Identification Requirements:

▪ Non-US Citizens must provide non-expired official identification to

confirm and document the applicant’s immigration status

▪ Documentation must include:

• Identification type and number

• Place of issuance

• Issue and expiration dates

PERMANENT RESIDENT, LAWFUL PERMANENT RESIDENT OR GREEN CARD

HOLDER

A foreign national that has been officially granted immigration benefits, which includes

permission to permanently reside and take employment in the US.

The borrower must maintain permanent resident status and can be removed from the US if certain

conditions of this status are not met.

Required Documentation:

• Permanent Resident Card with photo (I-551) also known as a Green Card with no

expiration

Or;

• Permanent Resident Card with photo (I-551) with expiration and accompanied by INS

Form I-751 (to remove conditions)

Or;

• An unexpired foreign passport with an unexpired I-551 stamp and date.



NON-PERMANENT RESIDENTS

A foreign national who has been officially granted immigration benefits, which includes

permission to temporarily reside and take employment in the US.

The visa holder must maintain the temporary US resident status and can be removed from the US

if certain conditions of this status are not met (not including visa expiration).

Evidence of preliminary permission of a lawful non-immigrant is validated by issuance of a visa

by a consulate outside of the US.

Required Documentation:

• Evidence of employment in the US including a USCIS Employment Authorization

Document (EAD)(I-766)

Or;

• An unexpired non-immigrant visa stamp with an entry.

• The following Visas are acceptable:

o E Series

o G Series

o H Series

o L Series

o O Series

PERMANENT RESIDENT ALIENS WITH EVIDENCE OF LAWFUL

RESIDENCY

• Must be employed in the US for the past twenty-four (24) months.



NON-PERMANENT RESIDENT ALIENS MUST MEET THE

FOLLOWING REQUIREMENTS

• Must have an unexpired passport from their country of citizenship containing INS form I-

94 which must be stamped Employment Authorized

• An Employment Authorization Card along with a copy of the Petition for Non-Immigrant

Worker (form I-140) in file

• The borrower(s) must have a minimum of 2 years residency, with the likelihood of

employment continuance for at least 3 years

• Owner Occupied only, Single Family, PUD, and Condo

• Visas accepted are H1B, H2B, L-1, E-1, E-2, O, R-1 and G Series

• Visa must have a minimum remaining duration of 2 years with a letter of intent from the

employer to renew

• Borrower must have a 5-year history in the same line of work

• Borrowers with diplomatic immunity or A1, A2, A3 Visas are ineligible

NON-OCCUPANT CO-BORROWERS ARE ALLOWED WITH THE

FOLLOWING RESTRICTIONS

• Primary residence – One (1) Unit Property.

• Purchase and rate & term refinance transactions only.

• Max loan amount $1,000,000

• Max LTV/CLTV 80% (or less depending on program).

• No minimum down payment required from the occupant borrower, down payment and

reserves may be the occupant borrower or non-occupant co-borrower.

o Additional six (6) months reserves required.

o Non-occupant co-borrower must be a family member.

o Blended ratios allowed with a maximum 43%DTI.

o Transaction must be an arm’s length transaction.

INTER VIVOS REVOCABLE TRUST

An inter vivos (living) revocable trust is a trust that (i) an individual creates during his or her

lifetime, (ii) becomes effective during its creator’s lifetime, and (iii) can be changed or canceled by

its creator at any time, for any reason, during that individual’s lifetime. The Firm will accept

vesting in an inter vivos revocable trust for a first lien mortgage that is secured by a one-family

primary residence or a second home so long as the following eligibility criteria is satisfied.



• The inter vivos revocable trust must be established by a natural person. It may be

established solely by one individual or jointly by more than one individual.

• No inter vivos revocable trusts that permit powers of attorney will be permitted.

• A copy of the fully executed trust agreement with all amendments must be provided to

verify the terms of the trust, or for California loans, a Certification, pursuant to California

Probate Code Section 18100.5, executed by all of the current trustee(s) of the named trust.

• An inter vivos revocable trust will be considered eligible vesting if it meets the following

requirements:

o The trust must be established by a written document during the lifetime of the

individual establishing the trust, to be effective during his or her lifetime;

o The trust must be one in which the individual establishing the trust has reserved to

himself or herself the right to revoke the trust during his or her lifetime;

o The primary beneficiary of the trust must be the individual establishing the trust.

If the trust is established jointly by more than one individual, there may be more

than one primary beneficiary; provided, that the income or assets of at least one of

the individuals establishing the trust will be used to qualify for the mortgage. For

owner–occupied properties, at least one individual establishing the trust must

occupy the security property and sign all applicable mortgage loan documents;

o The trust document must name one or more trustees to hold legal title to, and

manage, the property that has been placed in the trust. The trustees must include

either the individual establishing the trust (or at least one of the individuals, if

there are two or more) or an institutional trustee that customarily performs trust

functions in (and is authorized to act as trustee under the laws of) the relevant

state; and

o The trustee(s) must have the power to mortgage the security property for the

purpose of securing a loan to the party (or parties) who are the “borrower(s)”

under the mortgage or deed of trust note.

• The property must be a one-family primary residence, second home

• Title to the mortgaged property may be vested: (i) solely in the trustee(s) of the inter vivos

revocable trust, or, (ii) jointly in the trustee(s) of the inter vivos revocable trust and in the

name(s) of the individual borrower(s), or, (iii) in the trustee(s) of more than one inter vivos

revocable trust;

• The title insurance policy (or ownership report, where applicable) must ensure full title

protection to the Seller and must state that title to the mortgaged property is vested in the

trustee(s) of the inter vivos revocable trust. Moreover, the title insurance policy must not

list any exceptions with respect to the trustee(s) holding title to the mortgaged property or

to the trust;

• Title held in the trust must not diminish the mortgagee’s rights as a creditor, including the

right to have full title to the security property vested in the mortgagee should foreclosure

proceedings have to be initiated to cure a default under the terms of the related mortgage;

and

• The mortgage must be underwritten as if the individual establishing the trust (or at least

one of the individuals, if there are two or more) were the borrower (or a co-borrower).



FIRST-TIME HOMEBUYER

First-Time Homebuyer is defined as a borrower who has not owned a home in the last three (3)

years. For loans with more than one (1) borrower, where at least one (1) borrower has owned a

home in the last three (3) years, first-time homebuyer requirements do not apply.

• Maximum loan amount is $1,500,000.

o 720 Minimum FICO score

o Primary residence only

o Maximum 80% LTV/CLTV/HCLTV

o Minimum of twelve (12) months reserves

o Maximum LTV/CLTV of 80%

INELIGIBLE BORROWERS

• Borrowers with diplomatic status

• Foreign National Borrowers

• Life Estates

• Non-Revocable Trusts

• Guardianships

• LLCs, Corporations or Partnerships

• Land Trusts, except for Illinois Land Trust

• Borrowers with any ownership in a business that is federally illegal, regardless if the

income is not being considered for qualifying.

MULTIPLE FINANCED PROPERTIES

The number of 1-4 unit financed properties, including the borrower’s primary residence and

subject property are limited to a maximum of four (4) properties.

Borrower(s) limited to four (4) 1–4-unit residential property loans with LHFS, and not to exceed

$5,000,000.



OCCUPANCY PRIMARY RESIDENCE

Primary residences for 1-2 units (SFR, condo, townhome or PUD) property.

SECOND HOME

Second home residences for one (1) unit (SFR, condo, townhome or PUD) property.

• Must be a reasonable distance away from borrower’s primary residence.

• Must be occupied by the borrower for some portion of the year.

• Must be suitable for year-round use.

• Must not be subject to a rental agreement and borrower must have exclusive control over

the property.

• Any rental income received on the property cannot be used as qualifying income.

INVESTMENT PROPERTY (NON-OWNER OCCUPIED)

Investment properties for 1-4 units.

ELIGIBLE TRANSACTION TYPES

PURCHASES

ARM’s Length Transaction

• The transaction is treated as a purchase if the funds from the permanent loan proceeds

will be used for paying off an interim construction loan (which may or may not include

repayment of lot financing) and/or to reimburse the borrower for documented acquisition

or construction costs. See Construction Costs section in this chapter.

• If the lot was acquired 12 or more months before applying for the construction financing –

or if the lot was acquired through an inheritance or gift (regardless of the date of

acquisition) – the LTV/CLTV/HCLTV is based on the lesser of:

o The current appraised value for the property (lot and improvements) or

o The sum of the documented construction costs and the current appraised value of

the lot. See Construction Costs section in this chapter.

• If the lot was acquired within the 12 months preceding the date of the application for

construction financing, the LTV/CLTV/HCLTV is based on the lesser of:

o The current appraised value for the property (lot and improvements) or

o The total acquisition costs (the sum of construction costs and the lower of the

sales price or current appraised value of the lot). See Construction Costs section

in this chapter



Non-ARM’s Length Transaction

See Non-ARM’s Length Transactions section for eligibility.

REFINANCE TRANSACTIONS

RATE AND TERM REFINANCE

The new loan amount is limited to pay off the current first lien mortgage, any seasoned non-first

lien mortgages, closing costs and prepaid items.

• If the first mortgage is a HELOC, evidence it was a purchase money HELOC or it is a

seasoned HELOC that has been in place for twelve (12) months and total draws do not

exceed $2000 in the most recent twelve (12) months.

• A seasoned non-first lien mortgage is a purchase money mortgage or a mortgage that has

been in place for twelve (12) months.

• A seasoned equity line is defined as not having draws totaling over $2000 in the most

recent twelve (12) months. Withdrawal activity must be documented with a transaction

history.

• Max cash back at closing is limited to 1% of the new loan amount.

Properties inherited less than twelve (12) months prior to application date can be considered for a

Rate and Term refinance transaction if the following requirements are met:

• Must have clear title or copy of probate evidencing borrower was awarded the property.

• A copy of the will or probate document must be provided, along with the buy-out

agreement signed by all beneficiaries.

• Borrower retains sole ownership of the property after the pay out of the other

beneficiaries.

• Cash back to borrower not to exceed 1% of loan amount.

DELAYED PURCHASE REFINANCING

Delayed Purchase Refinancing is allowed with the following requirements:

• Property was purchased by borrower for cash within six (6) months of the loan

application. HUD-1/CD from purchase reflecting no financing obtained for the purchase

of the property. Preliminary title reflects the borrower as the owner and no liens.

• Funds used to purchase the property are fully documented and sourced and must be the

borrower’s own funds (no gift funds or business funds).



• Funds drawn from a HELOC on another property owned by the borrower, funds

borrowed against a margin account or funds from a 401(k) loan are acceptable if the

following requirements are met:

o The borrowed funds are fully documented

o The borrowed funds are reflected on the Closing Disclosure (CD) as a payoff on

the new refinance transaction

• LTV/CLTV/HCLTV for Rate and Term refinances must be met. The loan is treated as a

Rate and Term refinance except for primary residence transactions in Texas.

LIMITED CASH-OUT REFINANCE

The transaction is treated as a limited cash-out refinance when no loan proceeds are disbursed to

the borrower and the proceeds are used to pay off an interim construction loan and allowable

closing costs (which may include lot financing).

The borrower must hold legal title to the lot and be named as the borrower for the construction

loan.

Desktop Underwriter, Loan Product Advisor and Manually Underwritten Loans Arm’s Length /

Non-Arm’s length Transactions


If the lot was acquired 12 or more months before applying for the construction financing, the

LTV/CLTV/HCLTV is based on the current appraised value of the property (lot and

improvements).

If the lot was acquired within 12 before applying for the construction financing, the

LTV/CLTV/HCLTV is based on the lesser of:

• The current appraised value of the property (both the lot and improvements) or

• The total acquisition costs (the sum of construction costs and the lower of the sales price or

the current appraised value of the lot). See Construction Costs section in this chapter.

Document the sales price of the lot with a copy of either the purchase contract or the related HUD-

1/CLOSING DISCLOSURE/Closing Disclosure Statement.

Jumbo Loans Arm’s length Transactions

The LTV/CLTV is based on the appraised value of the property (both lot and improvements);

regardless of the length of time, the borrower had held title to the lot.

Non-Arm’s Length Transactions


If the lot was acquired 12 or more months before applying for the construction financing, or if the

lot was acquired through an inheritance or gift (regardless of the date of acquisition) the

LTV/CLTV is based on the lesser of:



• The current appraised value for the property (lot and improvements) or


current appraised value of the lot). See the Construction Costs section in this chapter.

If the lot was acquired within the 12 months preceding the date of the application for construction

financing, the LTV/CLTV is based on the lesser of:

• The current appraised value for the property (lot and improvements) or



Document the sales price of the lot with a copy of either the purchase contract or the related HUD-

1/CLOSING DISCLOSURE/Closing Disclosure Statement.

CASH-OUT REFINANCE

The transaction is treated as a cash-out refinance when any loan proceeds are disbursed to the

borrower as reimbursement for the undocumented costs of improvements paid with the

borrower’s own cash or for appreciated value (of the lot improvements).

Desktop Underwriter, Loan Product Advisor and Manually Underwritten Loans - Arm’s Length

/ Non-Arm’s Length Transactions



LTV/CLTVH/CLTV is based on the current appraised value of the property (both the lot and

improvements). If the lot was acquired within 12 months before applying for the construction

financing, the LTV/CLTV/HCLTV is based on the lesser of:



current appraised value of the lot). See Construction Costs section in this chapter.

Jumbo Loans Arm’s Length Transactions


LTV/CLTV is based on the current appraised value of the property (both the lot and

improvements).



If the lot was acquired within the 12 months before applying for the construction financing, the

LTV/CLTV is based on the lesser of:


• The total acquisition costs (sum of the construction costs and the lower of the sales price or


A non-arm’s length transaction is not eligible for a cash-out refinance transaction.

Borrower must have owned the property for at least six (6) months. If the property is owned free

and clear and six (6) month seasoning is not met, refer to Delayed Purchase Refinancing section

above.

Maximum cash-out limitations include the payoff of any unsecured debt, unseasoned liens and

any cash in hand.

• Cash Out Limits

o Cash out is defined as net proceeds distributed directly to the borrower, net of

customary fees, prepayment fees and other related closing costs.

o Cash out is limited to $500k if subject property is lien free.

o Refer to matrix for maximum cash out allowed.

Inherited properties may not be refinanced as a cash-out refinance prior to twelve (12) months

ownership. See Rate and Term Refinances for requirements.

Cash-out refinances where the borrower is paying off a loan from a pledged asset/retirement

account loan, secured loan, unsecured family loan or replenishing business funds used to purchase

the property, the following guidelines apply:

• Cash-out limitation is waived if previous transaction was a purchase.

• Seasoning requirement for cash-out is waived (borrower does not have to have owned for

six (6) months prior to subject transaction).

• Funds used to purchase the subject property must be documented and sourced.

• HUD-1/CD for subject transaction must reflect payoff or pay down of pledged

asset/retirement account loan, secured loan, unsecured family loan or business asset

account. If cash- out proceeds exceed payoff of loans, excess cash must meet cash-out

limitations.

• The purchase must have been arm’s length



CONSTRUCTION COSTS

For purposes of calculating the Loan-to-Value ratio on conversion of construction-to-permanent

loans, the following factors must be considered when evaluating documented construction costs.

Construction costs generally include all material and labor attributed toward the completion of the

subject dwelling (these costs are commonly identified as “hard” costs, or in trade lingo as “sticks

and bricks”). In addition, certain limited “soft” costs may be included if they cover tangible

products/services associated with the subject. Items such as professional fees for services such as

architectural fees, building permits, engineering fees, and environmental impact fees, while

considered soft costs, are deemed typical and an integral component of the cost of construction and

can be included as construction costs.

Other “soft costs”, sometimes paid through construction loan draws, are not considered a

component of the cost to construct calculation and should be deducted from the total documented

costs. These non-allowed “soft costs” include, but are not limited to:

• Costs attributed to financing of the construction and/or permanent loan (construction loan

closing costs)

• Real estate taxes on the property

• Insurance

• Legal

• Sweat equity

In the event the borrower is acting as general contractor, the following would not be considered

allowable costs:

• Employment tax benefits paid on behalf of labor

• Profit

• Industry-related fees and dues

• Insurance premiums

• Checks made payable to “cash”

• Tools

• Hotel bills or costs for temporary housing or site visits

In certain areas, it has become common practice to tear down or raze an older dwelling and

construct a new home on a highly desirable site. Typically, the original purchase price of the site

included a value attributed to both the dwelling and the land beneath. While it may be acceptable

to include the demolition costs in the construction costs of the new home, pay careful attention to

the methodology applied when estimating the true land value versus the original purchase price of

the land.

All costs incurred for material and labor on newly constructed premises should be substantiated

by a construction contract.



In the absence of a construction contract, construction costs must be verified by invoices, lien

waivers, or contracts for services or materials provided by sub- contractors (certain items may not

be considered construction costs, e.g., bank fees, service charges, interest carry, etc.). Invoices must

note the subject address or lot number and the builder or borrower's name. All costs paid must be

documented by way of canceled checks, paid receipts, or a certified draw schedule from the

construction lender itemizing specific work covered by each draw.

If any of these costs were covered by the borrower's own funds, all costs paid must be documented

by way of canceled checks or paid receipts.

When the loan represents a non-arm's length transaction, as in the case of a borrower/builder, or an

employee, relative or business associate of the builder, the cost of materials and labor plus the

value of the lot must be documented. Builder's profit is not an allowable cost. If the lot was

purchased less than 12 months prior to the application, the value of the lot will be based on the

lower of the purchase price or land value indicated on the appraisal. The LTV will be based on the

lower of the documented acquisition cost or appraised value.

CONSTRUCTION TO PERMANENT FINANCING

LHFS does not originate Construction to Permanent loans.

LHFS will consider these if the transaction was a Single-Close CTP loan, the construction and draw

period have ended, and a Certificate of Occupancy issued.

The loan must be in the name of the borrower/buyer, not the builder. If the appraisal was

completed with a “subject to” value, the original appraisal and final inspection (1004d) must be

provided to substantiate the value and to confirm the subject property was completed according to

plans and specs. A copy of the Certificate of Occupancy must also be provided

CONTINUITY OF OBLIGATION

When at least one (1) borrower on the existing mortgage is also a borrower on the new refinance

transaction, continuity of obligation requirements has been met. If continuity of obligation is not

met, the following permissible exceptions are allowed for the new refinance to be eligible:

• The borrower has been on title for at least twelve (12) months but is not obligated on the

existing mortgage that is being refinanced and the borrower meets the following

requirements:

o Has been making the mortgage payments (including any secondary financing) for

the most recent twelve (12) months, or

o Is related to the borrower on the mortgage being refinanced.

• The borrower on the new refinance transaction was added to title twenty-four (24) months

or more prior to the disbursement date of the new refinance transaction.

• The borrower on the refinance inherited or was legally awarded the property by a court in

the case of divorce, separation or dissolution of a domestic partnership.



• The borrower on the new refinance transaction has been added to title through a transfer

from a trust, LLC or partnership. The following requirements apply:

o Borrower must have been a beneficiary/creator (trust) or 25% or more owner of the

LLC or partnership prior to the transfer.

o The transferring entity and/or borrower has had a consecutive ownership (on title)

for at least the most recent six (6) months prior to the disbursement of the new

loan.

• NOTE: Transfer of ownership from a corporation to an individual does not meet the

continuity of obligation requirement.

SECONDARY FINANCING

• Institutional Financing only. Seller subordinate financing not allowed.

• Subordinate liens must be recorded and clearly subordinate to the first mortgage lien.

• If there is or will be an outstanding balance at the time of closing, the monthly payment

for the subordinate financing must be included in the calculation of the borrower’s debt-

to-income ratio.

• Full disclosure must be made of the existence of subordinate financing and the

subordinate financing repayment terms. The following are acceptable subordinate

financing types:

o Mortgage terms with interest at market rate.

o Mortgage with regular payments that cover at least the interest due, resulting in no

negative amortization.

• Employer subordinate financing is allowed with the following requirements:

o Employer must have an Employee Financing Assistance Program in place.

o Employer may require full repayment of the debt if the borrower’s employment

ceases before the maturity date.

o Financing may be structured in any of the following ways:

▪ Fully amortizing level monthly payments

▪ Deferred payments for some period before changing to fully amortizing

payments

▪ Deferred payments over the entire term.

▪ Forgiveness of debt over time

▪ Balloon payment of no less than five (5) years, or the borrower must have

sufficient liquidity to pay off the subordinate lien.

• LTV/CLTV/HCLTV guidelines must be met for loans with subordinate financing.

TEXAS 50 (A) (6) REFINANCE (TEXAS EQUITY LOANS)

30-year fixed rate only.



CONSTRUCTION TO PERMANENT FINANCING

The conversion of construction-to-permanent financing involves the granting of a long- term

mortgage to a borrower for the purpose of replacing interim construction financing that the

borrower obtained to fund the construction of a new residence.

• Note: Units in a condo or co-op project and manufactured housing are not eligible for

construction-to- permanent

A single disbursement to a builder for the purchase of a completed property is not considered a

conversion of construction-to-permanent financing transaction. This is considered a standard

purchase transaction.

The borrower must hold title to the lot, which may have been previously acquired or purchased as

part of the current transaction. The borrower must be the primary obligor on the mortgage or deed

of trust note for the permanent financing. When paying off an interim construction loan,

administer the loan using one of the following three methods.

NON-ARM’S LENGTH TRANSACTIONS

A non-arm’s length transaction exists whenever the borrower has a personal or business

relationship with parties to the transaction which may include the seller, builder, real estate agent,

appraiser, lender, title company or other interested party. The following non-arm’s length

transactions are eligible:

• Family sales or transfers

• Property seller acting as their own real estate agent

• Relative of the property seller acting as the seller’s real estate agent

• Borrower acting as their own real estate agent

• Relative of the borrower acting as the borrower’s real estate agent

• Borrower is the employee of the originating lender and the lender has an established

employee loan program.

• Evidence of employee program to be included in loan file.

• Originator is related to the borrower

• Borrower purchasing from their landlord (cancelled checks or bank statements required to

verify satisfactory pay history between borrower and landlord).

• Gifts from relatives that are interested parties to the transaction are not allowed, unless it

is a gift of equity. Real estate agents may apply their commission towards closing costs

and/or prepaids if the amounts are within the interested party contribution limitations.

• Non-arm’s length transactions may be acceptable on an exception basis.



INELIGIBLE PRODUCTS AND FEATURES

• High-Cost Loans (Federal, State or Local)

• Non-Standard to Standard Refinance Transactions (ATR exempt)

• Balloons

• Negative Amortization

• Graduated Payments

• Temporary Buy Downs

• Loans with Prepayment Penalties

• Convertible ARMs

NEW YORK SUBPRIME LAW

*New York – Subprime Home Loans:

Loans That meet the definition of a subprime home loan under New York law are not eligible.

LHFS will not fund loans under the RightOn program in New York for Primary residences, 1–4-

unit properties, that meet the Fannie Mae conforming loan limits (to include High Balance loan

amounts in certain high-cost counties). See FHFA Conforming Limits site:

http://www.fhfa.gov/DataTools/Downloads/Pages/Conforming-Loan-Limits.aspx

As a reminder, the following loans are not included in the New York subprime definition:

• Primary residence, 1–4-unit properties, when loan amounts that are $1 or more above the

conforming limits (which include high balance loan amounts in certain high-cost counties)

• Second homes – any loans amount

http://www.fhfa.gov/DataTools/Downloads/Pages/Conforming-Loan-Limits.aspx



CREDIT DOCUMENTATION

REQUIREMENTS For scenarios not specifically addressed below please contact your sales representative, transaction

manager or underwriting.

CREDIT DOCUMENTS AGE

For all transaction types, credit documents may not be older than 90 days from the date of closing.

CREDIT SCORE

All borrowers must have a minimum credit score of 700.

The representative score for each borrower is:

• The middle score when three scores are obtained, or

• The lower score when two scores are obtained

• A minimum of two (2) credit scores must be available for each borrower.

TRADELINE REQUIREMENTS

• Minimum three (3) tradelines are required. The following requirements apply:

o tradeline must be open for twenty-four (24) months and active within the most

recent six (6) months.

o remaining tradelines must be rated for twelve (12) months and may be opened or

closed.

OR

• Minimum two (2) tradelines are acceptable if the borrower has a satisfactory mortgage

rating for at least twelve (12) months (opened or closed) within the last twenty-four (24)

months and one (1) additional open tradeline.

• Each borrower contributing income for qualifying must meet the minimum tradeline

requirements; however, borrowers not contributing income for qualifying purposes are

not subject to minimum tradeline requirements.

• Authorized user accounts are not allowed as an acceptable tradeline.

• Non-traditional credit is not allowed as an acceptable tradeline.



DISPUTED TRADELINES

All disputed tradelines must be included in the DTI if the account belongs to the borrower unless

documentation can be provided that authenticates the dispute.

Derogatory accounts must be considered in analyzing the borrower’s willingness to repay.

However, if a disputed account has a zero balance and no late payments, it can be disregarded.

MORTGAGE HISTORY REQUIREMENTS

If the borrower(s) has a mortgage history in the most recent twenty- four (24) months, a mortgage

rating must be obtained. The mortgage rating may be on the credit report or a VOM. Applies to all

borrowers on the loan.

No more than 0X30 in the last twenty-four (24) months.

No notice of default (NOD) filed on any property in the past 7 years.

If the mortgage holder is a party to the transaction or relative of the borrower, cancelled checks or

bank statements to verify satisfactory mortgage history is required.

RENTAL HISTORY REQUIREMENTS

If the borrower(s) has a rental history in the most recent twenty-four (24) months, a VOR must be

obtained. Applies to all borrowers on the loan.

No more than 0X30 in the last twenty-four (24) months.

If the landlord is a party to the transaction or relative of the borrower, cancelled checks or bank

statements to verify satisfactory rent history is required; otherwise if not related or a party to the

transaction a satisfactory VOR can be provided.

DEROGATORY CREDIT

• Bankruptcy (Ch. 7, 11 and 13), Short Sale, Deed-in-Lieu, Charge-off of Mortgage Accounts

– None less than seven (7) years

• Foreclosure – None in the last seven (7) years

• Judgment/Tax Lien/Collections/Charge-Offs

o Judgments and Tax Liens must be paid

o Medical collections are excluded regardless of amount

o Any new charge-offs or non-medical collections within the last 12 months greater

than $1,000 per trade line, or the cumulative amount is greater than $2,000, must

be paid off.

• Consumer Credit Counseling – Borrowers who have experienced credit or financial

management problems in the past may have elected to participate in consumer counseling

sessions to learn how to correct or avoid such problems in the future. Whether borrowers

have or have not completed participation in the sessions before closing on the mortgage

transaction is not relevant since it is the borrower’s credit history that is of primary

importance. (FNMA B3-5.2-01)



• Disputed Accounts – Disputed accounts are reviewed to determine current balance and

derogatory information (a 30-day or more delinquency) within 2 years prior to the credit

report date:

o Zero balance and no derogatory information – no action required

o Zero balance and derogatory information - remove and pull new credit report

o A positive balance and no derogatory information– remove and pull new credit

report

o A positive balance and derogatory information– remove and pull new credit

report A credit supplement is not allowed to document disputed accounts.

CREDIT INQUIRIES

If the credit report indicates inquiries within the most recent 120 days of the credit report, the seller

must confirm the borrower did not obtain additional credit that is not reflected in the credit report

or mortgage application. In these instances, the borrower must explain the reason for the credit

inquiry.

If additional credit was obtained, a verification of that debt must be provided, and the borrower

must be qualified with the monthly payment.

Confirmation of no new debt may be in the form of a new credit report, pre-close credit report or

gap credit report.

CREDIT REPORTS-FROZEN BUREAUS

Credit reports with bureaus identified as “frozen” are required to be unfrozen and a current credit

report with all bureaus unfrozen is required.



EMPLOYMENT AND INCOME For information regarding employment and income requirements not addressed below please

contact your sales representative, transaction manager or underwriting.

GENERAL DOCUMENTATION REQUIREMENTS

Residual Income Calculation required. All loans must meet a minimum of $3,000 per month in

residual income. Residual income equals Gross Qualifying Income less Monthly Debt (as included

in the debt-to- income ratio).

Tax transcripts for personal tax returns for two (2) years are required when tax returns are used to

document borrower’s income or any loss and must match the documentation in the loan file.

W-2 transcripts for two (2) years are required to validate W-2 wages if tax transcripts are not

provided and the borrower does not have any other income source or loss. The following W-2 type

earnings will require tax transcripts:

• Borrower with commission-based income that is greater than 25% of borrower’s total pay.

• Borrower employed by family.

• Borrower with ownership in company.

Income calculation worksheet or 1008 with income calculation. The Fannie Mae 1084, or Freddie

Mac Form 91 or equivalent is required for self-employment analysis. The most recent Form 1084 or

Form 91 should be used based on application date. Instructions per Form 1084 or Form 91 must be

followed.

• Copy of liquidity analysis must be included in the loan file if the income analysis includes

income from boxes 1, 2 or 3 on the K-1 that is greater than distributions indicated on the

K-1.

• If a liquidity analysis is required and the borrower is using business funds for down

payment or closing costs, the liquidity analysis must consider the reduction of those

assets.

Paystubs must meet the following requirements:

• Clearly identify the employee/borrower and the employer.

• Reflect the current pay period and year-to-date earnings.

• Computer generated.

Paystubs issued electronically via email or internet, must show the URL address, date and time

printed and identifying information.

Year-to-date pay with most recent pay period at the time of application and no earlier than sixety

(60) days prior to the Note date.



W-2 forms must be complete and be a copy provided by the employer.

Verification of Employment Requirements below apply when income is positive and included in

qualifying income:

• Verbal Verification of Employment (VVOE) must be performed no more than three (3)

business days prior to the Note date. The Verbal VOE should include the following

information for the borrower:

o Date of contact

o Name and title of person contacting the employer

o Name of employer

o Start date of employment

o Employment status and job title

o Name, phone #, and title of contact person at employer

o Independent source used to obtain employer phone number

• Verification of the existence of borrower’s self-employment must be verified through a

third-party source and no more than thirty (30) calendar days prior to the Note date.

Third party verification can be from a CPA, regulatory agency or applicable licensing bureau. A

borrower’s website is not acceptable third-party source.

Listing and address of the borrower’s business

Name and title of person completing the verification and date of verification.

• Written Verification of Employment may be required for a borrower’s income sourced

from commissions, overtime and or other income when the income detail is not clearly

documented on W- 2 forms or paystubs. Written VOEs cannot be used as a sole source for

verification of employment, paystubs and W-2s are still required.

Tax Returns must meet the following requirements when used for qualifying:

• Personal income tax returns (if applicable) must be complete with all schedules (W-2

forms, K-1s etc.) and must be signed and dated on or before the closing date.

• Business income tax returns (if applicable) must be complete with all schedules and must

be signed.

• Tax transcripts must be provided to support tax returns.



TRADITIONAL VERIFIED INCOME / EMPLOYMENT

• Stable monthly income must meet the following requirements to be considered for

qualifying:

o Stable - two (2) year history of receiving the income

o Verifiable

o High probability of continuing for at least three (3) years

DECLINING INCOME

When the borrower has declining income, the most recent twelve (12) months should be used. In

certain cases, an average of income for a longer period may be used when the decline is related to a

one-time capital expenditure and proper documentation is provided. In all cases, the decline in

income must be analyzed to determine if the rate of decline would have a negative impact on the

continuance of income and the borrower’s ability to repay. The employer or the borrower should

provide an explanation for the decline and the underwriter should provide a written justification

for including the declining income in qualifying.

GAPS IN EMPLOYMENT

A minimum of two (2) years employment and income history is required to be documented.

• Gaps more than sixty (60) days during the past two (2) years require a satisfactory letter of

explanation and the borrower must be employed with their current employer for a

minimum of six (6) months to include as qualifying income.

UNACCEPTABLE SOURCES OF INCOME

• Any unverified source

• Deferred compensation

• One-time occurrence income

• Rental income from primary residence – One (1) unit property or one unit property with

accessory unit

• Rental income from second home

• Retained earnings

• Education benefits

• Trailing spouse income

• Any income that is not legal in accordance with all applicable federal, state and local laws,

rules and regulations. Federal law restricts the following activities and therefore the

income from these sources are not allowed for qualifying:

o Foreign shell banks

o Medical marijuana dispensaries

o Any business or activity related to recreational marijuana use, growing, selling or

supplying of marijuana, even if legally permitted under state or local law.

o Businesses engaged in any type of internet gambling.



EMPLOYMENT DOCUMENTATION REQUIREMENTS

SALARIED INCOME

• YTD paystub

• W-2s or personal tax returns – two (2) years

• W-2 transcripts or tax transcripts. See specific requirements under General Documentation

Requirements in Income/Employment section.

• VVOE

HOURLY AND PART-TIME INCOME

• YTD paystub

• W-2s or personal tax returns – two (2) years



• VVOE

• Stable to increasing income should be averaged over a two (2) year period.

COMMISSION INCOME

• YTD paystub

• Two (2) years W-2s if commissions are less than 25% of total income or

• Two (2) years tax returns and W-2 forms required if commissions are ≥ 25% of the total

income.



• VVOE

• Stable to increasing income should be averaged for the two (2) years.

OVERTIME AND BONUS INCOME

• YTD paystub

• W-2s or personal tax returns –two (2) years



• VVOE

• Stable to increasing income should be averaged for the two (2) years

EXPENSES

• Employee business expenses must be deducted from the adjusted gross income regardless

of the income type.

• Two (2) years tax transcripts.



ALIMONY/CHILD SUPPORT/SEPARATE MAINTENANCE

• Considered with a divorce decree, court ordered separation agreement, or other legal

agreement provided the income will continue for at least three (3) years.

• If the income is the borrower’s primary income source and there is a defined expiration

date (even if beyond three (3) years) the income may not be acceptable for qualifying

purposes.

• Evidence of receipt of full, regular and timely payments for the most recent twelve (12)

months.


BORROWERS EMPLOYED BY FAMILY

• YTD paystub

• Two (2) years W-2s

• Two (2) years personal tax returns with two (2) years tax transcripts.

• VVOE

• Borrower’s potential ownership in the business must be addressed.

CAPITAL GAINS

• Must be gains from similar assets for three (3) continuous years to be considered

qualifying income.

• If the trend results in a gain it may be added as income.

• If the trend results in a loss, the loss must be deducted from total income.

• Personal tax returns – three (3) years with a consistent history of gains from similar assets.

Three (3) years tax transcripts to support tax returns.

• Document assets similar to the assets reported as capital gains to support the continuation

of the capital gain income.

DISABILITY INCOME – LONG TERM (PRIVATE POLICY OR EMPLOYER-

SPONSORED POLICY)

• Copy of the policy or benefits statement must be provided to determine current eligibility

for disability payments, amount of payments, frequency of payments, and if there is an

established termination date.

• Termination date may not be within 3 years of Note date; please note reaching a specific

age may trigger a termination date depending on the policy.

DIVIDENDS AND INTEREST INCOME

• Personal tax returns – two (2) years with two (2) years tax transcripts with two (2) years

tax transcripts.

• Documented assets to support the continuation of the interest and dividend income.



FOREIGN INCOME

• YTD paystub

• W-2 forms or the equivalent and personal tax returns reflecting the foreign earned income.

Income must be reported on two (2) years US tax returns with two (2) years tax

transcripts.

• VVOE

• All income must be converted to US Currency.

K-1 INCOME/LOSS ON SCHEDULE E

• If the income is positive, stable and not used for qualifying, the K-1 is not required.

• If less than 25% ownership with income used in qualifying:

o Verification of Employment Requirements apply (see Income/Employment

General Documentation Requirements).

o Year-to-date income must be verified if the most recent K-1 is more than 90 days

aged prior to Note date.

• If 25% or greater ownership with income used in qualifying:

o Verification of Employment Requirements apply (see Income/Employment

General Documentation Requirements).

o Partnership/S-Corp and Self-Employment requirements apply.

• If the income is negative, the K-1s for the applicable years are required and if ownership is

25% or greater, see self-employment requirements below.


NON-TAXABLE INCOME (CHILD SUPPORT, MILITARY RATIONS / QUARTERS,

DISABILITY, FOSTER CARE, ETC.)

• Documentation must be provided to support continuation for three (3) years.

• Income may be grossed up by applicable tax amount. Tax returns must be provided to

confirm income is non-taxable. Two (2) years tax transcripts to support tax returns.

• If the borrower is not required to file a federal tax return, gross-up to 125%.

NOTE INCOME

• Copy of the Note must document the amount, frequency and duration of the payment.

• Evidence of receipt for the past twelve (12) months and evidence of the Note income must

be reflected on personal tax returns. Tax transcripts to support tax returns.

• Note income must have a three (3) year continuance.



PROJECTED INCOME

Projected income with an executed offer letter with employment starting within sixty (60) days of

closing:

• All contingencies of the offer letter must be removed/satisfied.

• Two (2) year employment history/schooling in the same field prior to the start date.

• Borrower must qualify with base pay only.

• A paystub or written VOE (once employment has started) from the new job must be

provided prior to funding.

RENTAL INCOME

All properties (except departing primary residence)

• Lease agreements must be provided if rental income is used for qualifying purposes.

o Current lease for each rental property, including commercial properties listed in

Part 1 of Schedule E of the 1040s. Rent rolls are not allowed.

o If the current lease amount is less than the rental income reported on the tax

returns, justification for using the income from the tax returns must be provided

and warrant the use of the higher income. If there is no justification, the lease

amount less expenses will be considered for rental income/loss.

o For leases that have a roll over clause, or the property is in a state where all leases

roll over, the following requirements must be met:

▪ Copy of most recent lease.

▪ Current documentation to evidence receipt of rent (copy of check or

deposit into bank account) must be consistent with most recent lease.

• Personal tax returns – Two (2) years

o For properties listed on Schedule E, rental income should be calculated using net

rental income + depreciation + interest + taxes + insurance + HOA divided by

applicable months minus PITIA.

o If rental income is not available on the borrower’s tax returns, net rental income

should be calculated using gross rents X75% minus PITIA.

o Two (2) years tax transcripts.

• Net rental income may be added to the borrower’s total monthly income. Net rental losses

must be added to borrower’s total monthly obligations.

• If the subject property is the borrower’s primary residence (one (1) unit property or one

(1) property with an accessory unit) and generating rental income, the full PITIA should

be included in the borrower’s total monthly obligations.



RENTAL INCOME - DEPARTING PRIMARY RESIDENCE

• Departing residence positive rental income cannot be used to qualify. Departing residence

PITIA can be offset by 75% of projected net rental income. Departing residence rental that

produces a loss must be included in DTI

• Departing residence obligation can be excluded if:

• If no contract in place –

o Currently listed or signed letter of intent from borrower indicating they intend to

list the departure residence for sale within ninety (90) days of closing on subject

transaction

o Equity in the departure residence must be documented with a 2055 exterior

appraisal or full appraisal. Departure residence must have a minimum of 20%

equity after deduction of outstanding liens to exclude the payment from the DTI. If

less than 20% equity, the full payment must be included in the DTI

o Required reserves for the departure residence are based on the marketing time

indicated by the departure residence appraisal: If appraisal indicates marketing

time of six (6) months or less = 12 months PITIA If appraisal indicates marketing

time over six (6) months = 24 months PITIA

• If under contract –

o A copy of an executed sales contract for the property pending sale and

confirmation all contingencies have been cleared / satisfied. The departure

transaction must be closing within 30 days of the subject transaction. The pending

sale transaction must be arm’s length

o No appraisal required for departure residence. The borrower must be netting a

positive number from the sale of the property or assets must be accounted for to

cover any funds the borrower may have to bring to closing on the sale of the

departure residence

RESTRICTED STOCK AND STOCK OPTIONS

LHFS will utilize the cash sign-on bonus for Corporate new hires and recently hired employees

who receive sign-on bonus supported by the future receipt of Restricted Stock Income (RSU).

• Required documentation:

o Fully completed VOE

o Most recent 2 years W2’s

o Two (2) most recent paystubs covering a thirty (30) day period (dated no earlier

than 30 days prior to the initial loan application date

o Employment offer letter verifying first two (2) years sign-on bonus, if using this

income to qualify.

o Use the average of both years of bonus income if there is a decrease in the RSU’s

granted as a sign-on bonus.



• May be used as qualifying income if the income has been consistently received for two (2)

years and is identified on the paystubs, W-2s and tax returns as income and the vesting

schedule indicates the income will continue for a minimum of two (2) years at a similar

level as prior two (2) years.

• A two (2) year average of prior income received from RSUs or stock options should be

used to calculate the income, with the continuance based on the vesting schedule using a

stock price based on the lower of the current stock price or the 52-week average for the

most recent twelve (12) months reporting at the time of application. The income used for

qualifying must be supported by future vesting based on the stock price used for

qualifying and vesting schedule.

• Additional awards must be similar to the qualifying income and awarded on a consistent

basis.

• There must be no indication the borrower will not continue to receive future awards

consistent with historical awards received.

• Borrower must be currently employed by the employer issuing the RSUs/stock options for

the RSUs/stock options to be considered in qualifying income.

• Stock must be a publicly traded stock.

• Vested restricted stock units and stock options cannot be used for reserves if using for

income to qualify.

RETIREMENT INCOME (PENSION, ANNUITY, 401(K), IRA DISTRIBUTIONS)

• Existing distribution of assets from an IRA, 401(k) or similar retirement asset must be

sufficient to continue for a minimum of three (3) years.

o Distribution must have been set up at least six (6) months prior to Note date if

there is no prior history of receipt OR

o Two (2) year history of receipt evidenced.

o Distributions cannot be set up or changed solely for loan qualification purposes.

• Document regular and continued receipt of income as verified by any of the following:

o Letters from the organizations providing the income.

o Copies of retirement award letters.

o Copies of federal income tax returns (signed and dated on or before the closing

date) .

o Most recent IRS W-2 or 1099 forms.

o Proof of current receipt with two (2) months bank statements.


• If any retirement income will cease within the first three (3) years of the loan, the income

may not be used.



SOCIAL SECURITY INCOME

• Social Security income must be verified by a Social Security Administration benefit

verification letter. If benefits expire within the first three (3) years of the loan, the income

may not be used.

• Benefits (children or surviving spouse) with a defined expiration date must have a

remaining term of at least three (3) years.

TRUST INCOME

• Income from trusts may be used if guaranteed and regular payments will continue for at

least three (3) years.

• Regular receipt of trust income for the past twelve (12) months must be documented.

• Copy of trust agreement or trustee statement showing:

o Total amount of borrower designated trust funds

o Terms of payment

o Duration of trust

o Evidence the trust is irrevocable

• If trust fund assets are being used for down payment or closing costs, the loan file must

contain adequate documentation to indicate the withdrawal of the assets will not

negatively affect income.

SELF-EMPLOYMENT

• Self-Employed borrowers are defined as having 25% or greater ownership or receive 1099

statement to document income. The requirements below apply for Self-Employed

borrowers:

o Income calculations should be based on the Fannie Mae Form 1084 or Freddie Mac

Form 91 or equivalent income calculation form.

o Year-to-date is defined as the period ending as of the most recent tax return

through the most recent quarter ending one (1) month prior to the Note date. For

tax returns on extension the entire unfiled year is also required.

o For example: 2014 returns in file and Note date is 7/14/2015 would require 2015

YTD documentation through Q1 or through March 31, 2015. Note date of 8/14/2015

would require YTD documentation covering Q1 and Q2 or through June 30, 2015.

SOLE PROPRIETORSHIP

• Two (2) years personal tax returns signed on or before the closing date.

• Two (2) years tax transcripts to support.

• YTD profit and loss statement

• YTD balance sheet. Tax returns for prior year is not a substitute for balance sheet.

• Stable to increasing income should be averaged for two (2) years.



• NOTE: YTD P&L and YTD Balance Sheet may be waived if the borrower is a 1099 paid

borrower who does not actually own a business if all the following requirements are met:

o Schedule C in Block 28 (Total Expenses) must be analyzed in relation to income in

Block 7 (Gross Income). Expenses are less than 5% of income.

o Analysis of Blocks 8 (Advertising), 11 (Contract Labor), 16a (Mortgage Interest, 20

(Rent/Lease) 26 (Wages) must indicate the borrower does not have expenses in

these categories.

o Analysis of Blocks 17 (Legal and Professional Services) and Block 18 (Office

Expense) indicate nominal or $0 expense.

o Block C (Business Name) does not have a separate business name entity.

o Year-to-date income in the form of a written VOE or pay history is provided by the

employer paying the 1099. YTD income must support prior year’s income.

PARTNERSHIP/S-CORPORATION



• Two (2) years K-1s reflecting ownership percentage if counting any income from this

source in qualifying (K-1 income, W-2 income, capital gains or interest/dividends) or if

Schedule E reflects a loss.

• Two (2) years business tax returns (1065s or 1120s) signed if 25% or greater ownership.

Business returns are not required if the income reporting is positive, not declining and not

counted as qualifying income.

• YTD profit and loss statement if 25% or greater ownership.

• YTD balance sheet if 25% or greater ownership.


CORPORATION



• Two (2) years business returns (1120) signed if 25% or greater ownership.

• Business returns must reflect % of ownership for borrower.

• YTD profit and loss statement if 25% or greater ownership.

• YTD balance sheet if 25% or greater ownership.




DEBTS AND LIABILITIES For information regarding the treatment of debts and liabilities not addressed below please contact

your LHFS AE.

DEBT-TO-INCOME RATIO

Maximum DTI: 43.00%

Non-Occupant Co-Borrowers with Blended Ratios: 43.00%

QUALIFYING RATE AND RATIOS

Qualifying Rate:

• Fixed Rate loans qualify at the note rate

LIABILITY REQUIREMENTS

The monthly payment on revolving accounts with a balance must be included in the borrower’s

DTI, regardless of the number of months remaining. If the credit report does not reflect a payment

and the actual payment cannot be determined, a minimum payment may be calculated using the

greater of $10 or 5%.

If the credit report reflects an open-end or net thirty (30) day account, the balance owing must be

subtracted from liquid assets.

Loans secured by financial assets (life insurance policies, 401(k), IRAs, CDs, etc.) do not require a

payment to be included in the DTI if documentation is provided to show the borrower’s financial

asset as collateral for the loan.

For all student loans, whether deferred, in forbearance, or in repayment, a monthly payment must

be included in the borrower’s monthly debt obligation.

• If a monthly payment is provided on the credit report, the amount indicated for the

monthly payment may be used in qualifying.

• If the credit report does not provide a monthly payment or if it shows $0 as the monthly

payment, the monthly payment may be one of the options below:

o Loan payment indicated on student loan documentation indicating monthly

payment is based on income-driven plan.



o For deferred loans or loans in forbearance:

▪ 1% of the outstanding loan balance (even if this amount is lower than the

actual fully amortizing payment) or

▪ A fully amortizing payment using the documented loan repayment terms

HELOCs with a current outstanding balance with no payment reflected on the credit report may

have the payment documented with a current billing statement. HELOCs with a current $0 balance

do not need a payment included in the DTI unless using for down payment or closing costs.

Lease payments, regardless of the number of payments remaining must be included in the DTI.

Installment debts lasting ten (10) months or more must be included in the DTI.

Alimony payments may be deducted from income rather than included as a liability in the DTI.

If the most recent tax return or tax extension indicate a borrower owes money to the IRS or State

Tax Authority, evidence of sufficient liquid assets to pay the debt must be documented if the

amount due is within ninety (90) days of loan application date.

CONTINGENT LIABILITIES

Co-Signed Loans: The monthly payment on a co-signed loan may be excluded from the DTI if

evidence of timely payments made by the primary obligor (other than the borrower) is provided

for the most recent twelve (12) months and there are no late payments reporting on the account.

Court Order: If the obligation to make payments on a debt has been assigned to another person by

court order, the payment may be excluded from the DTI if the following documents are provided.

• Copy of court order.

• For mortgage debt, a copy of the document transferring ownership of property.

• If transfer of ownership has not taken place, any late payments associated with the

repayment of the debt owing on the mortgage property should be considered when

reviewing the borrower’s credit profile.

Assumption with No Release of Liability: The debt on a previous mortgage may be excluded from

DTI with evidence the borrower no longer owns the property. The following requirements apply:

• Payment history showing the mortgage on the assumed property has been current during

the previous twelve (12) months or

• The value on the property, as established by an appraisal or sales price on the HUD-1/CD

results in an LTV of 75% or less.



ASSETS AND SOURCE OF FUNDS Beyond the minimum reserve requirements and to fully document the borrowers’ ability to meet

their obligations, borrowers should disclose all liquid assets.

Large deposits inconsistent with monthly income or deposits must be verified if using for down

payment, reserves or closing costs. Lender is responsible for verifying large deposits did not result

in any new undisclosed debt.

Asset verification by a Fannie Mae approved asset validation provider is allowed in lieu of 2

months statements provided by the borrower. The asset verification must provide 60 days of

account activity and include all items normally indicated on bank statements.

Business funds can be used for down payment. Personal and business tax returns for the entity the

funds are being withdrawn from and a year-to-date profit and loss statement and balance sheet are

required. Business funds may not be counted towards cash reserves and a letter is required from a

qualified disinterested third-party CPA confirming:

• the amounts of business assets that can be used must correspond to the borrower's

percentage of ownership in the business,

• the funds are not a loan, and

• withdrawal of the funds will not adversely affect the business.



Asset Type % Eligible for Calculation of Funds Additional Requirements

Checking / Savings /

Money Market / CDs 100% Two (2) months most recent statements.

Publicly Traded

Stocks / Bonds /

Mutual Funds

100%

Two (2) months most recent statements. Non-

vested stock is ineligible. Margin account

and/or pledged asset balances must be

deducted.

Retirement Accounts

(401(k), IRAs etc.)

If borrower is >59 ½, then 70% of the vested

value after the reduction of any outstanding

loans.

Most recent statement(s) covering a two (2)

month period.

Evidence of liquidation if using for down

payment or closing costs.

Evidence of access to funds required for

employer-sponsored retirement accounts.

Retirement accounts that do not allow for any

type of withdrawal are ineligible for reserves.

If borrower is <59 ½, then 60% of the vested

value after the reduction of any outstanding

loans.

Cash Value of Life

Insurance /

Annuities

100% of value unless subject to penalties. Most recent statement(s) covering a two (2)

month period.

Gift Funds Gift funds may be used once borrower has

contributed 5% of their own funds.

Donor must be family member, future spouse,

or domestic partner.

Executed gift letter with gift amount and

source, donor’s name, address, phone number

and relationship.

TPO must verify sufficient funds to cover the

gift are either in the donor’s account or have

been transferred to the borrower’s account.

Acceptable documentation includes the

following:

o Copy of donor’s check and borrower’s

deposit slip.

o Copy of donor’s withdrawal slip and

borrower’s deposit slip.

o Copy of donor’s check to the closing

agent.

o A settlement statement/CD showing

receipt of the donor’s gift check.



RESERVE REQUIREMENTS

Asset reserves are the borrower’s accessible and liquid cash position (or near liquid assets) after

the loan transaction has closed and funded. To be considered an asset reserve, the cash and other

liquid assets must be easily converted to cash. Cash out from new loan transaction cannot be used

to meet reserve requirement.

To determine the amount of reserves, the borrower’s monthly housing expense is calculated,

which is the sum of the: (i) principal and interest; (ii) hazard and flood insurance premiums; (iii)

real estate taxes; ground rent; (iv) special assessments; any owners’ association dues (including

utility charges that are attributable to the common areas, but excluding any utility charges that

apply to the individual unit

(“PITIA”). Asset reserves are measured by the number of months of PITIA that a borrower could

pay using his or her financial assets.

When a mortgage is secured by a second home the PITIA for the borrower’s mortgage which is

their primary residence is considered part of the borrower’s monthly housing expense, since it is

an existing debt obligation.

Borrowers with multiple loans must meet the reserve requirements for each individual loan basis

and each additional loan must have an additional two (2) months of reserves.

FINANCING / SELLER CONCESSIONS

Interested party contributions include funds contributed by the property seller, builder, real estate

agent/broker, mortgage lender or their affiliates and/or any other party with an interest in the real

estate transaction. The following restrictions for interested party contributions apply:

• May only be used for closing costs and prepaid expenses and may not be used for down

payment or reserves.

• Maximum interested party contribution is limited to 6% for primary and second home

transactions with LTVs ≤80%.

All seller concessions must be addressed in the sales contract, appraisal and HUD-1/CD. A seller

concession is defined as any interested party contribution beyond the stated limits (as shown in the

prior section, financing concessions) or any amounts not being used for closing costs or prepaid

expenses.



PROPERTY ELIGIBLE PROPERTY TYPES

• 1-2 Unit Owner Occupied Properties

• 1 Unit Second Homes

• 1-4 Unit Investment Properties

• Condominiums – Attached – Warrantable

o Limited review allowed for attached units in established condominium projects:

▪ Eligible transactions as per Fannie Mae guidelines.

o CPM or PERS allowed

o Full Review allowed. Warranty to Fannie Mae full review guidelines

o Projects with 2-4 units – no condominium review or condominium warranty is

required. Fannie Mae basic requirements apply.

o Condominium documents to support condominium eligibility review must be no

older than 120 days from Note date.

• Condominiums – Detached (including site condominiums)

o No condominium review or condominium warranty is required. Fannie Mae basic

requirements apply.

• Cooperatives

o In order for a co-op to be eligible, the co-op project in which the secured unit is

located must qualify as a cooperative housing corporation under Section 216 of the

Internal Revenue Service Code. The file must contain evidence regarding the

project’s compliance with Section 216 (See FNMA guides for more specifics).

▪ The co-op housing project must be designed principally for residential use

and consist of two or more units and be in an area that has a demonstrated

market acceptance for the co-op form of ownership as reflected by

availability of similar comparable sales for co-op units in the market area

all projects must be owned fee simple.

▪ TPO is responsible for determining that the co-op corporations hold title to

the property of the co-op project, including dwelling units. Co-op projects

where the borrower (not the co-op corporation) owns his or her dwelling

unit in the project will not be eligible.

▪ Co-op share loans in these projects are commonly referred to as “land-

home” or “land- lease” co-op projects and are not acceptable.

▪ The co-op corporation must have good and marketable title to the property,

including the dwelling units and amenities.

▪ The project premises must be free and clear of liens and encumbrances.

Manufactured housing projects not allowed

▪ Newly constructed or conversion of existing buildings are allowed.

▪ All units, common areas, and facilities within the project must be 100%

complete.

▪ The project cannot be subject to additional phasing or annexation.



▪ All construction and rehabilitation for the project must be completed in a

professional manner before funding.

▪ Stock, share, or other contractual agreement evidencing ownership, and the

accompanying occupancy rights that represent at least 50% of the total

number of stock or shares in the co-op corporation and the related

occupancy rights of units in the project must have been sold and conveyed

(or, for new construction, must be under contract for sale) to principal

residence purchasers.

▪ The project’s most recent operating budget audited financial statements, or

corporate tax returns must be consistent with the nature of the project,

provide for adequate cash flow to service the current debt and operating

expenses, and must provide for adequate replacement and operating

reserves.

▪ If the most recent budget is not available, the lender may rely on a review

of the co-op corporation’s most recent audited financial statements or

corporate tax returns to determine that the financial requirements in this

section have been met.

▪ The project must have a good financial record, with no more than 15% of

the owners being more than 60 days delinquent in the payment of their

financial obligations to the co-op corporation.

▪ If the project is a recipient of subsidies or similar benefits (such as tax or

assessment abatements) that will terminate partially or fully within the

next three years, the lender must evaluate the impact the expiration of such

benefit will have on the project. If the benefit is scheduled to expire within

three years from the note date, the lender must include the higher monthly

fees in the borrower’s monthly liabilities for debt-to-income ratio

qualifying purposes. The units in the project must be owned in fee simple.

▪ The co-op corporation must have the sole ownership interest in the

project’s facilities, common elements, and limited common elements,

except as noted below.

▪ Shared amenities are permitted only when two or more residential projects

share amenities for the exclusive use of the unit owners. The associations or

corporations must have an agreement in place governing the arrangement

for shared amenities that includes the following:

• a description of the shared amenities subject to the arrangement;

• a description of the terms under which unit owners in the project

may use the shared amenities;

• provisions for the funding, management, and upkeep of the shared

amenities; and

• provisions to resolve conflicts between the residential projects

regarding the amenities.

• Examples of shared amenities include, but are not limited to,

clubhouses, recreational or fitness facilities, and swimming pools.



▪ The developer may not retain any ownership interest in any of the facilities

related to the project. The amenities and facilities, including parking and

recreational facilities, may not be subject to a lease between the unit owners

or the co-op corporation and another party. Parking amenities provided

under commercial leases or parking permit arrangements with parties

unrelated to the developer are acceptable.

• Modular homes

• Planned Unit Developments (PUDs)

• Properties with ≤10 Acres

o Maximum land value 35%

o No income producing attributes

o Properties with large acreage are eligible property types provided the property is

non-agricultural, not zoned as rural, and no larger than ten (10) acres. It must be

determined that the property is legal, conforming, and relatively common for the

area. The appraisal must indicate that the current use of the property is “Highest

and Best”, and includes at least one comparable similar in style, size, design and

acreage (but no more than ten (10) acres).

o Properties Subject to Existing Oil/Gas Leases must meet the following:

▪ Title endorsement providing coverage to the lender against damage to

existing improvements resulting from the exercise of the right to use the

surface of the land which is subject to an oil and/or gas lease.

▪ No active drilling. Appraiser to comment or current survey to show no

active drilling.

▪ No lease recorded after the home construction date. Re-recording of a lease

after the home was constructed is permitted.

▪ Must be connected to public water.

o NOTE: Properties that fall outside these parameters can be considered on an

exception basis.

o Miscellaneous: Properties with leased solar panels must meet Fannie Mae

requirements.

• Acceptable Forms of Ownership:

o Fee Simple with title vesting as:

▪ Individual

▪ Joint Tenants

▪ Tenants in Common

o Leaseholds must meet Fannie Mae requirements.

o Deed/Resale Restrictions must meet Fannie Mae requirements.



Escrows may be established for funds collected by the originator or servicer. In general, loans with

escrow accounts must comply with the terms and limits set forth in the Real Estate Settlement

Procedures Act and its implementing Regulation X, 12 C.F.R. §1024.17, and all other applicable

laws of the originator, Seller, and the loan. The use of the funds from an escrow account may

include, but are not limited to: taxes, insurance (hazard, flood, and mortgage) premiums, HOA

fees in the jurisdictions where the use of the escrow account for such fees is legally permitted and

otherwise advisable, special assessments, ground rents, water, sewer, and other governmental

impositions. Loans (including, without limitation, loans where the related properties are located in

jurisdictions where a lien in favor of a HOA is superior to the lien of the related mortgage may be

created through the non-payment of related HOA fees) without escrows established are subject to

a price adjustment. At a minimum, taxes must be escrowed in order to avoid the loan level price

adjustment.

Escrow for HPMLs: For any loan that is determined to be a Higher Priced Mortgage Loan (HPML)

under TILA and its implementing regulation, 12 C.F.R. §1026.35, as may be amended from time to

time, an escrow account must be established for the borrower prior to the consummation of the

loan for the payment of property taxes and premiums for mortgage-related insurance, among

other fees and charges. Notwithstanding the prior statement, an escrow account is not required for

transactions that are otherwise exempt under 12 C.F.R. §1026.35(b)(2), though such loan may be

subject to loan level price adjustments if the loan is not escrowed for tax payments.

INELIGIBLE PROPERTIES

• Condotels

• Manufactured Homes/Mobile Homes

• Mixed-use properties

• Model Home Leasebacks

• Properties with condition rating of C5/C6

• Properties with construction rating of Q6

• Properties located in Hawaii in lava zones 1 &2

• Properties located in areas where a valid security interest in the property cannot be

obtained

• Properties >10 acres

• Properties with a private transfer fee covenant unless the covenant is excluded under

12CFR 1228 as an excepted transfer fee covenant

• Tenants-in-Common projects (TICs) Unique properties

• Working farms, ranches or orchards



PROPERTIES LISTED FOR SALE

Properties currently listed for sale (at the time of application) are not eligible.

Properties listed for sale within six (6) months of the application date are acceptable if the

following requirements are met.

• Rate and Term refinance only.

• Primary and second homes only.

• Documentation provided to show cancellation of listing.

• Acceptable letter of explanation from the borrower detailing the rationale for cancelling

the listing.

Cash-out refinances are not eligible if the property was listed for sale within twelve (12) months of

the application date.

APPRAISAL REQUIREMENTS

Transferred appraisals are not allowed.

Appraisals must be completed for the subject transaction.

Recertification of value is not allowed. If appraisal is over 120 days old, a new full appraisal is

required.

Collateral Desktop Analysis (CDA) with accompanying MLS sheets ordered from Clear Capital or

an approved alternative vendor, with a similar product, is required to support the value of the

appraisal. The Seller is responsible for ordering the CDA.

• If the CDA returns a value that is “Indeterminate” or if the CDA indicates a lower value

than the appraised value that exceeds a 10% tolerance, then one (1) of the following

requirements must be met:

o A Clear Capital BPO (Broker Price Opinion) and a Clear Capital Value

Reconciliation of Three Reports is required. The Value Reconciliation will be used

for the appraised value of the property. The Seller is responsible for ordering the

BPO and Value Reconciliation through Clear Capital.

▪ A field review or 2nd full appraisal may be provided. The lower of the two

values will be used as the appraised value of the property. The Seller is

responsible for providing the field review or 2nd full appraisal.

If two (2) full appraisals are provided, a CDA is not required.



For properties purchased by the seller of the property within 90 days of the fully executed

purchase contract the following requirements apply:

• Second full appraisal is required.

• Property seller on the purchase contract is the owner of record.

• Increases in value should be documented with commentary from the appraiser and recent

paired sales.

• The above requirements do not apply if the property seller is a bank that received the

property as a result of foreclosure or deed- in lieu.

Higher-Priced Mortgage Loans (HPML)

• If the property was acquired by the seller less than 90 days from the purchase agreement

and the purchase price exceeds the seller’s acquisition price by more than 10% then a

second full appraisal is required. Bank owned properties are not exempt.

• If the property was acquired by the seller between 91-180 days from the purchase

agreement and the purchase price exceeds the seller’s acquisition price by more than 20%

then a second full appraisal is required. Bank owned properties are not exempt.

• If a second appraisal is required for one of the above two reasons, the borrower may only

be charged for one of the appraisals.

Appraisal requirements based on loan amount:

• Loan amounts up to $1,500,000 requires 1 full appraisal

• Loan amounts more than $1,500,000 requires 2 full appraisals

When two (2) appraisals are required, the following applies:

• Appraisals must be completed by two (2) independent companies.

• The LTV will be determined by the lower of the two (2) appraised values if the lower

appraisal supports the value conclusion.

• Both appraisal reports must be reviewed and address any inconsistencies between the two

(2) reports and all discrepancies must be reconciled.

• If the two appraisals are done “subject to” and 1004Ds are required, it is allowable to

provide one (1) 1004D. If only one (1) 1004D is provided, it should be for the appraisal that

the value of the transaction is being based upon.

DISASTER DECLARATIONS AND RECERTIFICATION

Whenever an area is declared a disaster area, the Federal Emergency Management Agency (FEMA)

releases disaster declaration announcements. FEMA makes available individual and public

assistance when a disaster occurs.



If an area containing the subject property is eligible to receive individual assistance and/or public

assistance, as designated by FEMA, the property will require a recertification of value as follows:

• An appraisal completed in an area after the disaster declaration was released (incident

date) does not require a recertification. Ideally, the appraiser will comment that the

property is free from damage and the disaster had no effect on the property.

• If the appraisal was completed prior to the disaster, at a minimum a re-inspection stating

the property is free from damage and the disaster had no effect on the property value and

marketability is required (including exterior photos of the property).

• Payment for necessary re-inspections will be the responsibility of the borrower or seller

Interior photos may be required on a case-by-case basis

The re-certification must be obtained as promptly as possible (but not until after the disaster is

active) in order to ensure a timely closing, and funding of the loan.



DOCUMENTATION

• All loans must be manually underwritten and fully documented. No documentation

waivers based on AUS recommendations permitted.

• Income calculation worksheet or 1008 with income calculation. Current Fannie Mae Form

1084, Freddie Mac Form 91 or equivalent is required for self-employment analysis.

• Full income and asset verification is required.

• All credit documents, including title commitment must be no older than ninety (90) days

from the Note date.

• All appraisals must be no older than 120 days from the Note date. Recertification of value

is not allowed. A new appraisal is required.

• Loan file must document the eight (8) Ability to Repay (ATR) rules identified in Part 1026-

Truth-in- Lending (Regulation Z).

• Residual income calculation must be provided and meet the residual income requirements

indicated in the Income/Employment section of this guide.

• If subject transaction is paying off a HELOC that is not included in the CLTV/HCLTV

calculation, the loan file must contain evidence the HELOC has been closed.

• If the 1003, title commitment or credit documents indicate the borrower is a party to a

lawsuit, additional documentation must be obtained to determine no negative impact on

the borrower’s ability to repay, assets or collateral.

ESCROW HOLDBACKS

• Not allowed.

RIGHTON JUMBO MORTGAGE GUIDELINES

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Transcript of RIGHTON JUMBO MORTGAGE GUIDELINES